ART AGREEMENT.

by | Jul 2, 2023 | Agreements

ART AGREEMENT.

This Art Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ________________, Contact Info: ____________ (hereinafter referred to as the “Company”), Daniel Popper, Contact Info: www.Instagram.com/danielpopper (hereinafter referred to as the “Artist”), Chad Knight, Contact Info: www.Instagram.com/chadknight (hereinafter referred to as the “ Freelancer”), and Samantha Webster, Contact Info: ______________________ (hereinafter referred to as the “Agent”).

WHEREAS, the Artwork covered in this Agreement includes any digital imagery or virtual asset created with software such as Cinema 4D, Z brush, octane render or Houdini, specifically defined as NFT Digital Art piece.

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  1. TERM.

The initial term of this Agreement shall be for a period of __________ [Days/Weeks/Months], commencing on the Effective Date herein.

  • SCOPE.
    • The Company and the Artist shall be selling a collaborative digital NFT artwork through an auction on the website Nifty Gateway, foundation App, and/or on any other undefined auction platform.
    • The Parties acknowledge and agree that Chad Knight shall be responsible for altering and enhancing the Artist’s 3D files.
    • All Parties mentioned in this Agreement pledge in good faith not to use the collaborative imagery outside of any personal agreement between them, and/or use it for marketing partnerships with any third parties with the prior written consent of the Parties herein.
  • PROFITS/REVENUE.

The Parties shall split the revenues from the auction at 40%/40% with 10% of the final sales amount going to the Agent who is also doubling as the promotional manager for the sale.

  • COPYRIGHTS.
    • The Artist shall retain digital ownership rights, copyrights and any and all intellectual property rights over the original artwork as well as his artwork enhanced by Chad Knight upon completion of the auction. Chad Knight shall not lay any ownership claims, being real or imaginary, legal or otherwise on the artwork including Thrive, Hollow or Splitface.
    • In the event of unique imagery resulting from Chad’s and the Artist’s artistic design collaboration shall be owned by both parties and they shall both be entitled to 50/50 royalty share from any use of that digital art.
  • ASSIGNMENT/WAIVER.
    • This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns, provided that none of the Parties may assign any of their obligations under this Agreement without prior written consent of the Parties. 
    • The waiver by either Party of any breach or failure to enforce any of the terms of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 
  • DISPUTE RESOLUTION.

In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a mediation process.

  • MODIFICATION.

This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.

  • GOVERNING LAW/JURISDICTION.
    • This Agreement shall be governed by and construed in accordance with the laws of the country/state in which the business/auction platforms are owned. Exclusive jurisdiction and venue shall be in the United States of America.
    • Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

COMPANY: _____________            ___________________                        ___________

                               (SIGNATURE)                  (NAME)                                             (DATE)

ARTIST: _____________            ________________________              ___________

                  (SIGNATURE)                           (NAME)                                    (DATE)

FREELANCER: _____________            ___________________                        ___________

                               (SIGNATURE)                  (NAME)                                             (DATE)

AGENT: _____________            ________________________              ___________

                  (SIGNATURE)                           (NAME)                                    (DATE)

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